Davis v. . Morgan

In the trial below defendant moved for judgment of non-suit on the ground that the evidence was insufficient to show location of the grant of 1853 under which plaintiffs’ claim, so as to include any of the land described in their complaint, and on the further ground that the grant was void as attempting to convey land covered by navigable waters in violation of the prohibition contained in the statute, G. S., 146-1. However, upon the evidence offered by the plaintiffs, giving to it that favorable consideration required by the rule on motions to nonsuit, we think the ruling of the trial judge…